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BLAU v. OGSBURY

No. 117, Docket 22855.

210 F.2d 426 (1954)

BLAU v. OGSBURY et al.

United States Court of Appeals Second Circuit.

Decided February 10, 1954.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff-appellant.

Harman Hawkins, New York City (Duer, Strong & Whitehead, New York City, on the brief), for defendant-appellee Florence N. Ogsbury.

Before CHASE, Chief Judge, CLARK, Circuit Judge, and GIBSON, District Judge.

CLARK, Circuit Judge.

This appeal arises from a defendants' judgment in an action by Isadore Blau, stockholder, to recover alleged insider short-swing profits under § 16(b) of the Securities Exchange Act of 1934, 15 U. S.C.A. § 78p(b), realized from purchase and sale of securities of the nominal defendant, Fairchild Camera and Instrument Corp., by James S. Ogsbury, deceased. Ogsbury at all times material was an officer and director of Fairchild. Under an...

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